The problem with the XZY case is that the procedures are so opaque that sometimes you can’t even tell if the law is being followed. Worse, it feels like you are trying to find a fig leaf for an indecency of a trial when you comb through the laws and records trying to make sense of them. Two issues have been criticized in the press, the question of why the case was heard by an intermediate court, and why XZY was and his co-defendants were tried separately.
Not so very long after the products of China’s Third Plenum left many of those hoping for more overt court reform wanting, the Supreme People’s Court has released its own opinion on preventing wrongful cases, which encapsulates and reinforces much of what the Court has been saying since new president ZHOU Qiang took office in March this year. Judicial Independence, procedural justice, and the exclusion of illegally acquired evidence are all prominently featured.
This walkthrough will guide you through it.